Introduction
Computer software is a type of programming code that is run on a computer processor. It can be a machine-level code or code written for an operating system. Computer Software is protected by copyright, which is part of Intellectual Property rights. Copyright, Patent, and Trademark are used in the context of Intellectual Property rights. As a general convention, post extensive discussion about four decades ago that computer programs will be secured by copyright protection and devices using such software will be secured by patent.[i]
Copyright and Patent are two distinct categories of protection. Copyright protection is for expressions and not for concept, idea, and process. A patent is a sole right given for an invention, new process, or new way of implementing a solution. Copyright protection does not need any procedure if a related country is part of the Berne Convention which stresses that protection is independent of compliance with any formalities. Many countries have Copyright protection as part of international agreements.
Infringement of copyrighted software
Various terminology related to copyrighted software needs understanding viz. “End-user licensing agreements (EULA)”, “Source code” and “Object code”. Infringement of copyrighted software (Software Piracy) umbrella covering End-user piracy, Hard disk loading, Internet piracy, and Software counterfeiting needs the understanding to apply the copyright infringement laws.
Copyright Act
The copyright of computer software is secured under the provisions of the Copyright Act, 1957. This regulation defines copyright as literary works. Computer programs are protected using multiple copyrights as a modification to software with adequate originality is allowed. Copyright Registration and the grant of certificates are regulated under the Copyright Act, 1957 (as amended in 2012), and Copyright Rules, 2013 (as amended in 2013 and 2016).
Copyright registration
Documents needed for software copyright registration include evidence of Name, Nationality, Address, Work details and copies of submitted work, and published date.[ii]
The copyright registration is done by online filing i.e., submitting the basic filing form, filling the Form XIV, filling the details of Particulars and other particulars, and finally making a payment. Once the application is filed, one will receive a diary number. Normally applicant needs to wait for 30 days to confirm, that if no objection is filed against copyright.
Conclusion
To protect computer software from copyright infringement and to avoid the hassle of the time-consuming litigation process, it is preferable to get copyright registration done. Before registration, the eligibility criteria should be checked. Once registration is done, the law can be used in case of infringement.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
